UK rules are removing the ‘10-year long residence’ route as a standalone path to indefinite leave to remain (ILR). Only statuses that lead to settlement will count toward the qualifying period. This conclusion follows from published policy documentation; the final picture will emerge once the immigration rules are drafted.
What’s changing in the long residence route
Previously, the long residence route allowed applicants to combine periods spent on different visas and qualify for ILR after 10 years of lawful residence. This scheme triggered many legal disputes, as interpretation of the rules kept shifting. Now, according to the government’s stated position, the route is being closed.
The principle behind the new model is simple: only visa types that themselves lead to settlement will count toward the qualifying period. Time spent on other statuses will not be included.
Which periods will count
Visas that do not lead to settlement will not count. A student visa does not lead to settlement, so time spent on it will no longer count either. A graduate visa also does not lead to settlement.
A skilled worker visa does lead to settlement, as does an application under Appendix FM. These are the kinds of routes that will be taken into account in the qualifying period.
Family and private life route
The policy states that permissions granted under the family and private life routes will not count as a basis for settlement via the 3- and 5-year paths. Such applicants will instead be able to seek settlement through the relevant 10- or 20-year path, subject to meeting the applicable requirements.
There is as yet no separate provision regarding Article 8 ECHR claims (the right to family and private life), and no information about changes there. For those applying on these grounds, the previous logic generally remains in place, as long as it does not concern the family or private life route itself.
Switching categories and resetting the clock
An important change concerns switching categories. If an applicant moves from one category to another, the clock resets. A similar rule already applies now: for skilled workers, if someone switches to a route where that combination isn’t permitted, the clock resets. On the family route, switching to the 5-year path also resets the clock.
The policy explicitly states that each route will be counted separately, and periods from other routes will not count toward it. This means switching between routes mid-way through the qualifying period is risky: the clock will start over.
Who is affected and what remains unknown
The most questions arise around categories that currently fall outside the direct settlement rules: children, people with indefinite leave, partners on short-term visas, children in local authority care, and victims of domestic abuse. The government has already stated that these groups will not be factored in, though the policy offers few details.
The date the new rules will take effect has not yet been announced. Anyone waiting to complete the long residence route should check whether they can finish the qualifying period before the changes take effect. Full clarity will only come once the rules themselves are published.
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Reader experience is useful, but it is not advice: check the rules on the official site.
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